Gary Haugen can reject Gov. Kitzhaber's reprieve, judge rules

View full sizeDanielle Peterson/The Statesman JournalGary Haugen appears in court in Salem in July to contest his Nov. 22 reprieve from Gov. John Kitzhaber of his death warrant.

A Marion County Circuit Court judge has essentially thrown out Gov. John Kitzhaber's reprieve of the execution of Gary Haugen, saying the death row inmate has a right to reject it.

The ruling by State Senior Judge Timothy P. Alexander said Friday that Haugen "has the right to reject Governor Kitzhaber's reprieve" and that if Haugen dismisses it, the reprieve is no longer valid.

In his seven page ruling, Alexander said the next step in the case is up to Haugen's lawyer to prepare a proposed form of judgment. He writes that as soon as a decision is final an execution date will be set up.

The ruling marks a victory for Haugen, who has waived his appeals and pushed for the execution to go forward. It also marks a defeat for Kitzhaber, which Alexander acknowledged in the ruling:

"My decision in this declaratory judgment case is not intended to be a criticism of Governor Kitzhaber or the views he has expressed in his statement accompanying the reprieve he has offered to Mr. Haugen. In fact, I agree with many of the concerns expressed by the governor, and share his hope that the legislature will be receptive to modifying and improving Oregon laws regarding sentencing for aggravated murder."

Alexander said he set his personal feelings aside and ruled based on precedent and the facts of the case.

Haugen was initially convicted of aggravated murder in the killing of the mother of his former girlfriend in her Northeast Portland home in 1981. While serving a life sentence, he was convicted of killing David Polin, an inmate at the Oregon State Penitentiary in 2003. That conviction sent him to death row.

Haugen's conviction and sentence were affirmed on appeal by the Oregon Supreme Court, Alexander writes. Haugen declined to pursue further appeals, two death warrant hearings were conducted and an execution date was set for Dec. 6, 2011. But Kitzhaber intervened, issuing a reprieve on all executions during his term.

But Haugen has repeatedly rejected the reprieve and demanded that the execution be carried out.

Kitzhaber's office responded to the ruling, saying: "We are confident that the governor's authority will be upheld. We are currently reviewing the case and will likely appeal."

If appealed, the case could go to the Court of Appeals or the Oregon Supreme Court, depending decisions made by the parties, said Phil Lemman, spokesman for the Oregon Judicial Department. After that, a death warrant hearing would need to be scheduled before Haugen could be executed.

"We're a ways away from knowing when any execution date would be," Lemman said.